Sentencing Research

This article through discussing about the relations of the referee plots with criminal constitute fact, criminal plots and fix criminal plots, make clear the referee plots' position in the criminal law; Through comparing several different viewpoints about the conception of referee plots, advance the definition in brief that the referee plots is the various factors of affecting spacious or severe in punishment, or whether or not remitting punishment; Through analyzing the traditional classify theory about referee plots, point out the classify of referee plots should according to logic principle, so that to reflect the target's essential property or outstanding characteristics, not being content with vague generalization differentiate merely; The article appeal to legal the deliberate referee plots, so that to accord with the demands of the principle of guilt and punishment legal; And the article is united in wedlock judicial practice, advance how to utilize and complete the pattern judge of the referee plots properly, how to delimit the scope of the referee plots, and the way and method that how to solve the problem in assemble of the referee plots.